NACDL - Bail Reform

Bail Reform

NACDL continues to work to combat misinformation and pushback to key bail reforms enacted in New York.

On January 1, 2020, legislation ending cash bail for most misdemeanors and nonviolent felonies went into effect in New York. The legislation also allowed judges to set non-monetary pretrial conditions for most people at arraignment.

In 2022, NACDL worked with partners to oppose attempts to roll back bail reform and other recent criminal justice victories in New York. On April 9, 2022, the FY 2023 New York State Budget was adopted. Unfortunately, the budget rolled back several key bail and discovery provisions were signed just a few years prior.

Media

How to Meaningfully Advance Pretrial and Bail Reform, while Combatting Misinformation
Two-thirds of state pretrial populations are held for non-violent offenses, and the racial disparities which plague the criminal legal system are especially pronounced in pretrial decisions. With pretrial decisions having substantial, long-term case impacts, the use and abuse of pretrial detention erodes the presumption of innocence and destroys any sense of justice. The onset of the COVID-19 pandemic highlighted the deadly consequences of widespread pretrial incarceration, prompting a renewed call and sense of urgency for releasing individuals detained pretrial.

In New Jersey lawmakers implemented bail reforms that shifted from a primarily from a cash bail system to a risk-based system. New York adopted a historic bail reform law that eliminated cash bail for most people charged with misdemeanors and nonviolent felonies. And in Illinois, lawmakers abolished cash bail, making it the first state to do so. However, over the past few years New York lawmakers have continuously rolled backed its bail reform law, and the Illinois’ reform was initially put on pause but has survived with the Supreme Court upholding the law that eliminated cash bail. Join this panel to hear from advocates working to advance pretrial reform and receive tips and strategies for responding to critics and addressing concerns from court actors, legislators, and others.

Brandon Buskey, Director, Criminal Law Reform Project, American Civil Liberties Union (ACLU)

David Gasper, CEO, The Bail Project

Sharlyn Grace, Senior Policy Advisor, Law Office of the Cook County Public Defender

Moderated by: Rena Karefa-Johnson, Vice President, National Initiatives, FWD.us

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Combatting Misinformation Around Bail Reform- Case Study on the NY Bail Reform Pushback

Lessons Learned: Combatting Misinformation Around Bail Reform- Case Study on the New York Bail Reform Pushback
19th Annual State Criminal Justice Network Conference
August 17-19, 2020 | Held Virtually

Moderator: Cheryl Wills, Anchor, Spectrum News NY1

Panelists:
Khalil Cumberbatch, Senior Fellow, Council on Criminal Justice
Jon Reinish, Managing Director, SKDKnickerbocker
Kevin M. Stadelmaier, Chief Attorney, Legal Aid Bureau of Buffalo, Inc. and Legislative Committee Chair, NYSACDL

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